BAM Key Details:

  • The homebuyer plaintiffs in the Batton 1 lawsuit have filed for a temporary injunction to prevent the final approval of the Keller Williams, Anywhere, and RE/MAX settlements.
  • U.S. District Court Judge Andrea Wood denied the motion later today with a two-page filing indicating plaintiffs will have an opportunity to put forth their arguments during the hearing scheduled for 10 am local time on May 9.

Motion denied.

Plaintiffs in the Batton 1 lawsuit filed a motion on May 8 in the Western District of Missouri, seeking a temporary restraining order and preliminary injunction against defendants Anywhere, RE/MAX, and Keller Williams.

This motion was filed just one day before a scheduled hearing for the final approval of the defendants’ settlement agreements. Previously, the following settlement agreements were reached and granted preliminary approval:

Later the same day (May 8), U.S. District Court Judge Andrea Wood denied the motion. 

Nature of the Motion

The plaintiffs requested two things in the motion:

  • A temporary restraining order (TRO)
  • A preliminary injunction

These legal tools would prevent defendants from moving forward with a proposed order to receive final approval of their agreements, which was scheduled to take place on Thursday, May 9. 

Details of the Complaint

The motion states that defendants “did not reveal their intent to release homebuyer claims” until six days before the final hearing. Plaintiffs argue that language in proposed settlement agreements, including those for Sitzer/Burnett and Moehrl, do not include homebuyer claims, only homeseller claims.

If the proposed order for final approval is granted, plaintiffs believe it will “irreparably harm homebuyer Plaintiffs and putative class members who both bought and sold homes in two ways:”

  • By enjoining them from continuing their litigation in this case.
  • Releasing their claims without proper compensation or adequate representation.

Motion Denied

Later today, U.S. District Court Judge Andrea Wood reviewed and denied the motion in a two-page filing that indicates the Batton 1 plaintiffs will have an opportunity during the final approval hearing to argue their case. 

The hearing will take place at 10 am on Thursday, May 9.

This post was updated to include Judge Andrea Wood’s ruling.